Amendments To The Latvian Code On Execution Of Punishments

Original Language Title: Grozījumi Latvijas Sodu izpildes kodeksā

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Read the untranslated law here: https://www.vestnesis.lv/op/2012/203.4


The Saeima has adopted and the President promulgated the following laws: the amendments to the Penal Procedure Code of Latvia in Latvian penal procedure code in the following amendments: 1. Turn off 30.5 article. 2. A supplement to the code and article 30.6 30.6 as follows: "article 30.6. Convicted right temporarily to leave the penitentiary institution, penal convict serving semi-enclosed prison sentence mode in higher grade open jail or correctional institution for minors, the written application to the custodial authority boss request permission to temporarily leave the penitentiary institutions of the territory up to five 24-hour States due to close relatives of the death or serious illness that threatens the life of the sick. Convict who served part of the sentence in a closed prison sentence mode in higher grade open jail or correctional institution for minors, the written application to the custodial authority boss request permission to temporarily leave the penitentiary institutions of the territory up to three 24-hour States health care services health care facilities outside the penitentiary authorities. The application referred to in this article shall indicate the reason for the convict penitentiary institutions for temporary abandonment, the place where staying in temporary absence and contact numbers, if available, and accompanied by all his possession documents proving short-lived referred to in this article out of reasons, as well as provide custodial authority boss details on temporary absence. If the authorization referred to in this article shall be requested to convict minors, he indicates in the application of the minor person's name and surname, which they will spend. The penitentiary authorities in considering this article, the application referred to in the first subparagraph, within three working days of the checks referred to in the first subparagraph in circumstances and, after assessing the opportunity to sentenced funeral or to visit sick relatives in the proposed temporary absence, the previous temporary absence times removal of irregularities and the return of the custodial institution, may authorise the temporary leave custodial institutions. The penitentiary authorities in considering this article, the application referred to in the second subparagraph, take into account the treatment of persons in prison and, after assessing the options to get to convicted health care services and receive service scheduled temporary absence, the previous temporary absence times removal of irregularities and the return of the custodial institution, may authorise the temporary leave custodial institutions. Chief custodial authorities does not allow convicted temporarily leave the penitentiary institutions of the territory, if there is at least one of the following circumstances: 1) convict suffering from dangerous infectious diseases in its active form of the disease or acute stage and did not finish treatment courses in accordance with the opinion of the doctor; 2) convict has committed an intentional crime served part of the fine if he had been conditionally released before the term of the custodial sentence; 3) not previously convicted for good reasons are not returned to the penitentiary institution in this law, the authorization referred to in article 49.3 specified time; 4) convict wants to leave outside the territory of the Republic of Latvia. Chief custodial institutions in the fourth and fifth in the authorisation referred to in point leaving the penitentiary institutions, as well as the time when the convicted must return to the penitentiary institution. Custodial authority superior rejection authorize temporarily leave the custodial authority of the territory of the convict may challenge the prison administration Chief of the administrative procedure law. Prison Administration Chief's decision may appeal to the District Administrative Court of the administrative procedure law. The administrative decision of the District Court is not appealable. The penitentiary administration information about the convicts, which allowed temporarily to leave the territory of the penitentiary authorities, sent to the State police territorial entity within the territory of which the convict decided to stay. This information shall be transmitted immediately following the authorization, but left before the convict temporary custodial authority. Referred to in this article outside the custodial authorities should include the time spent in penal times.
Article 30.6. Obligation to return the sentenced imprisonment institution, Convicted with prison authorities gave permission to the Chief temporarily to leave the territory of the penitentiary authorities, have a duty to return to this authority within the time specified in the permit. If a convict that prison authorities had given permission for the boss temporarily leave the custodial institutions outside the territory, suddenly becomes ill and placed in a medical institution and his State of health does not permit the return of a custodial institution within the time specified in the permit, the convicted or their relatives must immediately notify the custodial authorities convicted in superior condition, and location.
This article received the information referred to in the second subparagraph, the penitentiary institution's boss, in cooperation with the prison administration and the hospital in which the convict is located, shall decide on the period of time when the return convicted a custodial institution, and exploring the possibility of the transfer of the convicted to a prison hospital in Latvia. If a convict can not return to the penitentiary institution within the time specified in the permit objective and unforeseeable or unavoidable circumstances, he shall be obliged to immediately notify the Chief penitentiary authorities and return to the penitentiary institution, as soon as such an opportunity will arise. Convict on the return of a custodial institution within the time specified in the permit is called to account in accordance with the arrangements provided for in the criminal law on the avoidance of parole, except the second and fourth of these cases. " 3. in article 50.5: turn off the seventh part of paragraph 5; turn off the ninth. 4. Turn off the fifth subparagraph of article 50.7 5.
5. Article 68: to supplement the first part with point 7 and 8 as follows: ' 7) with the custodial authorities Chief permission to temporarily leave the penitentiary institutions of the territory up to three 24-hour annual; 8) with correctional institutions for minors the Chief's permission to temporarily leave the correctional institutions for minors in the territory up to five 24-hour annual. "; to supplement the article with the fifth, sixth and seventh paragraph as follows: "the first part of this article, paragraph 7 of the incentive applies only to those convicted, the punishment being served partially closed prison sentence mode in higher grade, except for persons sentenced to deprivation of liberty for life (life imprisonment). The first part of this article 7 and 8, paragraph outside the custodial authorities should include the time spent in penal times. The penitentiary administration information about the convicts, which allowed temporarily to leave the territory of the penitentiary authorities, sent to the State police territorial entity within the territory of which the convict decided to stay. This information shall be sent not later than five working days before the convict temporarily left the custodial authority. " 6. To supplement the code with article 112.3 as follows: "article 112.3. The transmission of information either: the disqualifications — execution control authority of the penitentiary administration of the penitentiary institution's internal rules provided for in the order before the release of the convicted after a full Court judgment in a specific penalty time sentence sends the information about the additional penalty of convicted — disqualification — the executing authority, if the authority of the information found in the body. The first paragraph of this article specifies the information that the sentenced name, ID code, criminal law article, after which he was convicted, sentenced to a fine and the intended release date. In the second part of this information is sent no later than 15 working days before the release, but convicted on the convicts who are released from parole probation before amnesty or pardon, the information to be sent immediately after the Court ruling, amnesty or pardon acts. The information in this article is the limited availability of information. " 7. Turn off 148. article. 8. Article 149 of the expression as follows: "article 149. In addition, rights-enforcement order

The convicted, who ordered additional penalty, disqualification, shall be subject to compliance with the obligations imposed upon him by law. The restrictions imposed on non-compliance of a person called to the Accountability Act. The Court judgment enters into force after a public prosecutor or a public prosecutor's statement on the entry into force of the relevant copy of the judgment of the Court or the Prosecutor's statement on the transcript sent to the enforcement authority (if any) which are competent to monitor the compliance with the restrictions in question for the purpose of carrying out certain activities for the implementation of the restrictions. The institution that received the award referred to in the second subparagraph, shall act in accordance with its laws and regulations governing the operation of specific competence. If the State or local government institution finds that a convict breaking either — disqualification — conditions for the breach, it shall immediately inform the criminal law authority, which is responsible for the conduct of criminal proceedings. " The Parliament adopted Act 2012 December 13. The President a. Smith in Riga 2012 December 28.